2004 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

9-24-2004

USA v. Larwa

Precedential or Non-Precedential: Non-Precedential

Docket No. 03-1553

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Recommended Citation

"USA v. Larwa" (2004). 2004 Decisions. Paper 331.

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 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 03-1553

UNITED STATES OF AMERICA

v.

JOHN LARWA,

a/k/a ALEX SARIS,

a/k/a ALEX FARIS,

a/k/a PAUL ROMANAUSKAS,

a/k/a TIMOTHY BAUER

John Larwa,

 Appellant

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

D.C. Criminal No. 02-cr-00208

(Honorable Petrese B. Tucker)

Submitted Pursuant to Third Circuit LAR 34.1(a)

September 13, 2004

Before: SCIRICA, Chief Judge, ALITO and AMBRO, Circuit Judges

(Filed September 24, 2004)

OPINION OF THE COURT
 

1Larwa was given a copy of counsel’s brief and was allotted time to raise any

arguments in a pro se brief. Anders, 386 U.S. at 744. He has not filed such a brief.

2

SCIRICA, Chief Judge.

This is an appeal by defendant John Larwa from a guilty plea entered into under a

bargained-for guilty plea to mail fraud in violation of 18 U.S.C. § 1341 and to possession

of a firearm by a felon in violation of 18 U.S.C. § 922(g). Counsel for Larwa has filed a

brief under Anders v. California, 386 U.S. 738 (1967), stating that, after careful review of

the record, he could not raise any meritorious issues and that the appeal is wholly

frivolous.1 We are satisfied that counsel has fulfilled his Anders obligations, and we

agree that the appeal is frivolous.

Nonetheless, counsel for Larwa identified two potentially non-frivolous

arguments: (1) whether four additional levels should have been added to the base offense

level under U.S.S.G. § 2B1.1(b)(1)(C) because Larwa contends the loss to the victims

was not between $10,000 and $30,000; and (2) whether the court properly grouped all the

offenses under U.S.S.G. § 3D1.1. Counsel accurately notes, however, that Larwa is

precluded from bringing an appeal pursuant to a waiver contained in his plea agreement. 

The sentencing court reviewed this provision with Larwa concluding that he knowingly,

intelligently, and voluntarily entered into the agreement. We agree, as it was entered into

knowingly, intelligently, and voluntarily and did not result in a miscarriage of justice. See

United States v. Khattak, 273 F.3d 557, 561-62 (3d Cir. 2001). Furthermore, in his
3

bargained-for plea agreement, Larwa stipulated that the loss to the victims was more than

$10,000 and less than $30,000, and that pursuant to U.S.S.G. § 3D1.1, neither the mail

fraud nor the odometer tampering offenses group with the firearms offense. We see no

reason why Larwa should not be held to the stipulations contained in the plea agreement. 

See United States v. Cianci, 154 F.3d 106, 110 (3d Cir. 1998).

For the foregoing reasons, we will affirm the judgment of conviction and sentence.

Defense counsel’s motion to withdraw is granted.